By Sasha Weber, New Jersey Future, June 27th, 2022
It has been just over a year since the New Jersey Department of Environmental Protection’s (NJDEP) 2020 amendment to the Stormwater Management Rule (NJAC 7:8) took effect. Since March 2, 2021, NJ municipalities have been required to utilize green infrastructure—systems that mimic natural hydrologic processes to capture and reuse stormwater—as a stormwater management technique on all new public and private major developments (see our March 2021 article for an overview of the new stormwater rules). Localities carry out these requirements through their Stormwater Control Ordinances.
Once enacted, Stormwater Control Ordinances set a threshold for the size of an individual development project. If the project disturbs more than one acre of land, NJDEP requires that it employ green infrastructure. If it disturbs less than one acre of land, green infrastructure is not required.
What Constitutes “Above and Beyond?”
In the Enhanced Model Stormwater Ordinance for Municipalities, New Jersey Future (NJF) highlights several steps that municipalities can take to further enhance their Stormwater Control Ordinances and go above and beyond DEP’s requirements.
These recommendations for advancement include redefining the threshold for “Major Development;” adding a definition and requirements for “Minor Development;” requiring stormwater management on existing (not just new) impervious surfaces; requiring infiltration of a specific volume of stormwater onsite, and reducing “maximum contributory drainage areas.” All of these changes would increase the amount of green infrastructure in localities.
Case Studies
Curious how some municipalities have implemented and/or gone above and beyond NJDEP’s requirements to reap the benefits of green infrastructure? Check out the following case studies to learn how these requirements are put into action.
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